Thursday, February 28, 2013Indictments expand the Youngstown frac-water dumping caseAlthough it is now a federal case, Ohio's Attorney General says it shows why state law needs to be changedby WKSU's TIM RUDELL

Federal prosecutors now have formal indictments of the driller accused of dumping thousands of gallons of waste into Youngstown’s waterways, as well as one of his companies and one of his employees. WKSU’s Tim Rudell reports.

Ben Lupo, Hardrock Excavating, and Michael were indicted on one felony count each of violating the U.S. Clean Water Act. Conviction could put the men in prison for three years for dumping thousands of gallons of brine and drilling sludge into the Mahoning River.

Shortly after the indictments, Ohio Attorney General Mike DeWine spoke with us by cell phone. He reiterated what he said in Youngstown two weeks ago, when the first of the federal charges were announced: Under state law, such crimes would be misdemeanors; and he wants the felony option for Ohio.

“We should have that tool. We should have that hammer to go against individuals who try to pollute our environment. I would hope that the Ohio General Assembly would take a very serious look to bringing Ohio law into conformity with what the federal government has done, and give us that extra tool.”

The federal indictment claims Lupo has been involved in multiple dumping incidents since November, and that toxic chemicals like benzene were found in the waste.